The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
Switzerland wishes to give compensation in protection of holidays in
railway, steamship and postal service, by granting free time alternately
on week days and Sundays, so that each man shall have 52 free days
yearly, of which 17 shall be Sundays.
_Exceptions to prohibition of night work._
The Imp. Ind. Code Amendment Bill (Sec. 139_a_, 2, 3) admits ordinary and
extraordinary exceptions. The Auer Motion does not entirely exclude such
exceptions, as it provides exceptions in traffic business and such
industries as "from their nature require night work." We cannot here
enter into details as to the rules on the limitations of exceptions, and
as to the enforcement of those rules.
_Exceptions to the maximum working-day._
Overtime: _Extraordinary_ exceptions to an enforced maximum working-day
consist in permission of overtime; _ordinary_ exceptions consist in the
employment of children, women and men, in certain kinds of business, for
a longer time than is usual (see Chapter V.).
The _von Berlepsch_ Bill assumes a very cautious attitude in the matter
of overtime. _Extraordinary_ exceptions in the case of pressure of
business are provided for as follows: "In cases of unusual pressure of
work the lower courts of administration may, on appeal of the employers,
permit, during a period of 14 days, the employment of women above the
age of 16 years until 10 o'clock in the evening on every week-day,
except Saturday, provided that the daily time of work does not exceed 13
hours. Permission to do this may not be granted to any employer for more
than 40 days in the calendar year. The appeal shall be made in writing,
and shall set forth the grounds on which the permission is demanded, the
number of female workers to be employed, the amount of work to be done,
and the space of time required. The decision on the appeal shall be
given in writing. On refusal of permission the grievance may be brought
before a superior court. In cases in which permission is granted, the
lower court of administration shall draw up a specification in which the
name of the employer and a copy of the statements contained in the
written appeal shall be entered."
The Auer Motion sets the narrowest limits to admission of overtime,
permitting it only in case of interruption of work through natural
(elemental) accidents, and then only permitting it for 2 hours at the
most for 3 weeks, and only with consent of the "labour-board."
Both in regulation and administration all these exceptions to protective
legislation should be dealt with in a very guarded manner. Moreover they
must be enforced on a uniform and widely diffused system, and they ought
to afford a real protection to the fair and just employer against his
more unscrupulous competitors.
Public-domain text, read in full here on John Shaqi.
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